Many people think that (a) they don't have enough money or property to need a Will; or (b) their property will automatically go to their spouse or children without the need for a Will. Not necessarily! No estate is too small. And the process is complex.

The Texas Probate Code is very specific on how estates are distributed if there is no Will. Below is just a start:

If there is no surviving spouse, then to the children and their descendants.

If there is no surviving spouse or children or grandchildren, then to the parents.

If there are no parents, spouse, or descendants, then to cousins.

If one parent survives, then one-half of the decedent's estate goes to that parent and the other half to the brothers and sisters.

If the spouse and one parent survive, then the spouse inherits all the personal property, but only one-half of the real property of the decedent; the parent gets the other half of the real property.

If there is a surviving spouse and children, the surviving spouse gets one-third of the decedent's personal property and his/her children get the other two-thirds; the spouse gets a lifetime interest in one-third of the decedent's real property, and on the death of that spouse, the decedent's children inherit the real property of the decedent.

I want to thank you for answering this significant question. I think this is a problem rich people have to prioritized. Since the amount of money and other properties that they own are totally no joke, they should have a will so that their properties will be divided just the way the owner wants it to be divided. For us people who do not have that much, this isn't a problem. But it's still important that we know it so that we will know what to answer once there are people who would dare to ask us.

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Sharon K. Lowry, Attorney at Law with experience in probating Wills and in navigating the process of administrering estates where there is no Will.